legal Free Legal Advice

[Nikolai]

Well, they can file a collection suit against you for your unpaid dues. But that scenario is very nil. Rarely do homeowners associations file cases against their members. It just sends the wrong signal to the other members.

 

what i think they'll do is to make things incovenient for you, i.e., not collect your garbage, not open the gate when you're entering the village, etc.

 

it's not an exclusive subdivision naman sir like may gate for the village yung bang may mga guard, wala na po ganon...saka for somebody na just renting the house..obligatory po bang mag bayad sa homeowners due eh technically di naman ako homeowner kasi m just renting...

 

tapos po they are already doing the inconvenience since nagpapalaro parin sila sa court until midnight which really irritates me..kaya i'm resulting na lang not to pay the dues kasi parang ala naman ako napapala sa bwiset na association nila

Edited August 3, 2009 by Nikolai

[swami]

it's not an exclusive subdivision naman sir like may gate for the village yung bang may mga guard, wala na po ganon...saka for somebody na just renting the house..obligatory po bang mag bayad sa homeowners due eh technically di naman ako homeowner kasi m just renting...

 

tapos po they are already doing the inconvenience since nagpapalaro parin sila sa court until midnight which really irritates me..kaya i'm resulting na lang not to pay the dues kasi parang ala naman ako napapala sa bwiset na association nila

 

In that case, you don't have much of a problem.

 

Do you have the obligation to pay the homeowners' due? Well, it depends on your lease contract. Does it stipulate that you have to pay for it? If it doesn't, you don't have to. You may cease being a member altogether.

 

Simple lang yan tol: ano ba ang benefit na nakukuha mo as member? Yun lang ang mga bagay na pwede nila matanggal sa yo.

[powerpuffgirls]

1st post ko MTC haha. Sis powerpuff, I think it will depend kasi kung kailan pa nag pass away yung mother mo. Mahirap sabihin kung nagprescribe na e.

 

sir.2006 po si mamang pass away.... pano po yun. do i still have the means to collect the debtors' arrears po? di pa po ba extinguish yung utang if in case the creditor died already? meron po ba akong right to collect from debtors about their arrears? dito po mga PN po nila. pls help po. tnx po

[swami]

sir.2006 po si mamang pass away.... pano po yun. do i still have the means to collect the debtors' arrears po? di pa po ba extinguish yung utang if in case the creditor died already? meron po ba akong right to collect from debtors about their arrears? dito po mga PN po nila. pls help po. tnx po

 

If the creditor dies, the credit is inherited by the heirs. In short, you guys may still collect on the promissory notes.

I suggest you get the services of counsel. Assuming it's not yet prescribed (and I believe it's not yet prescribed), still you will need the services of counsel to collect on those promissory notes, right? No amount of legal posts here will help you recover the amount until and unless you get the services of counsel to collect on those promissory notes. (unless of course the debtors would willingly pay)

[aris_m]

If the creditor dies, the credit is inherited by the heirs. In short, you guys may still collect on the promissory notes.

I suggest you get the services of counsel. Assuming it's not yet prescribed (and I believe it's not yet prescribed), still you will need the services of counsel to collect on those promissory notes, right? No amount of legal posts here will help you recover the amount until and unless you get the services of counsel to collect on those promissory notes. (unless of course the debtors would willingly pay)

 

1. Death of creditor does not extinguish debt.

2. Action to collect from a written contract within ten years from the time the right of actions accrues.

2.1 Right of Actions accrues when the debt is due and demandable.

2.2 The time when a debt is due and demandable is written in the contract (in your case the PN is the contract)

3. You may collect from the debtors personally or seek assistance from the Courts where you will need the services of counsel

[Nikolai]

In that case, you don't have much of a problem.

 

Do you have the obligation to pay the homeowners' due? Well, it depends on your lease contract. Does it stipulate that you have to pay for it? If it doesn't, you don't have to. You may cease being a member altogether.

 

Simple lang yan tol: ano ba ang benefit na nakukuha mo as member? Yun lang ang mga bagay na pwede nila matanggal sa yo.

 

sir, many thanks for this englightenment..

[Guest FL]

Hello mga sir! Tanong ko lang, if someone filled a resignation letter then he signed a quit claim & release (affidavit?),

pero feeling nya kulang yung nakuha nya pwede pa ba maghabol? Nangyari yun 2006 pa at 61 years old sya nun at more

than 20years na sya sa company.

 

Thanks in advance!

[swami]

Hello mga sir! Tanong ko lang, if someone filled a resignation letter then he signed a quit claim & release (affidavit?),

pero feeling nya kulang yung nakuha nya pwede pa ba maghabol? Nangyari yun 2006 pa at 61 years old sya nun at more

than 20years na sya sa company.

 

Thanks in advance!

 

Dude, this is a tough one to call. There were instances in which the Supreme Court nullified these waivers and quitclaims on the ground that they are contrary to law, morals, good customs, public order or public policyt. On the other hand, there were also instances in which the Supreme Court sustained them, provided they are just and reasonable under the circumstances.

 

In short, it will be decided on a case by case basis. The fact that it happened way back in 2006 may militate against you.

[Guest FL]

Thanks for the reply sir swami.

[crayter]

Ask ko lang po. Hindi ba holder document ang PN? As long as holder in due course ka ay puwede ka magcollect? Curious lang. Thanks

 

1. Death of creditor does not extinguish debt.

2. Action to collect from a written contract within ten years from the time the right of actions accrues.

2.1 Right of Actions accrues when the debt is due and demandable.

2.2 The time when a debt is due and demandable is written in the contract (in your case the PN is the contract)

3. You may collect from the debtors personally or seek assistance from the Courts where you will need the services of counsel

 

 

Hi FL

 

Ikaw ba ang lawyer assign dito? Puwede bang magtanong? Thanks

[Guest FL]

Hi FL

 

Ikaw ba ang lawyer assign dito? Puwede bang magtanong? Thanks

 

Nope, nagtatanong lang din ako.

[lomex32]

The bulk of the fee also is the cost of the Psychological tests, evaluation and findings ...proving that a person is incapacitated phychologically

 

Actually the proper term is declaration of nullity of marriage since most of the time ang ginagamit naman na ground is Art. 36 which is Psychological incapacity which pre-supposes that your marriage is void since the start. Mga usual fee would range from around 150k-300K depende sa lawyer.

[swami]

Ask ko lang po. Hindi ba holder document ang PN? As long as holder in due course ka ay puwede ka magcollect? Curious lang. Thanks

 

 

 

 

Hi FL

 

Ikaw ba ang lawyer assign dito? Puwede bang magtanong? Thanks

 

 

Hmmm. I can sense you're a law student. Just to satisfy your curiousity.

 

1. the holder will only be considered a holder in due course if the PN complies with Section 1 of NIL. This is so because the provisions of the NIL will only apply if the document complies with Section 1.

 

By the way, in the real world, rarely do people make their PN's negotiable.

 

2. After the maturity of the PN, the holder will no longer a holder in due course.

[crayter]

Actually mahilig lang magbasa basa Thanks for taking time in answering my question. :thumbsupsmiley:

 

Hmmm. I can sense you're a law student. Just to satisfy your curiousity.

 

1. the holder will only be considered a holder in due course if the PN complies with Section 1 of NIL. This is so because the provisions of the NIL will only apply if the document complies with Section 1.

 

By the way, in the real world, rarely do people make their PN's negotiable.

 

2. After the maturity of the PN, the holder will no longer a holder in due course.

[Dr_PepPeR]

mga sir, may iko-konsulta po ako regarding association dues sa subdivision..diba meron mga homeowners association tapos meron monthly dues..

though, ngre-rent lang ako pero nagbibigay ako ng dues...

 

ang tanong ko po kung halimbawa ayaw kong mag-bigay dun sa monthly na hinihingi...may legal something po ba sila na pde ibato sakin..

 

nababadtrip kasi ako eh...tapat ng court yung bahay namin eh nape-perwisyo na ako dahil dis oras na ng gabi eh tuloy parin yung pagpapa laro nila sa court...dinig na dinig samin

yung ingay...kinausap ko na yung presidente ng homeowner regarding this matter but to no avail...

 

kaya naisip ko wag na lang magbayad dun sa homeowners association something nila...

 

 

thanks,

nikolai

 

One of the ways that Homeowners Associations use to collect delinquent dues is to refuse or make it difficult for the resident to acquire a subdivision sticker. Of course, if this is not an issue, they will simply resort to inconvenience you in various ways.

 

Dude, this is a tough one to call. There were instances in which the Supreme Court nullified these waivers and quitclaims on the ground that they are contrary to law, morals, good customs, public order or public policyt. On the other hand, there were also instances in which the Supreme Court sustained them, provided they are just and reasonable under the circumstances.

 

In short, it will be decided on a case by case basis. The fact that it happened way back in 2006 may militate against you.

 

The lower courts may simply apply the principle of laches, since you're only considering filing an action after 3 years.